VIDNIK TERMS OF SERVICE
Last updated: April 2023
1.
WELCOME TO VIDNIK
1.1
What these terms cover. This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us when you access and use our website (https://vidnik.com) (our "Website") and our app to help you find and marry your ideal spouse (our "Platform" and, together with our Website, the "Vidnik Service").
1.2
Why you should read them. It is important that you read and understand the Terms of Service before using the Vidnik Service. You must accept these Terms of Service before you sign up for, use or access the Vidnik Service. If you do not agree to these Terms of Service, you cannot use the Vidnik Service. If there is anything within the Terms of Service that you do not understand, please contact us to discuss what this means for you.
1.3
Who we are. The Vidnik Service is operated by Vidnik FZCO, a company registered in the United Arab Emirates with its registered address at Office 302D, 3 rd Floor, A1 Building, Digital Park, Silicon Oasis, Dubai ("Vidnik", "we", "our" or "us").
1.4
Updates to these terms. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
2. PRIVACY
Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.
3.
RIGHTS TO USE THE VIDNIK SERVICE
3.1
You must be at least 18 years old and be capable in your country of residence of entering into a legally binding agreement in order to use the Vidnik Service.
3.2
You must have registered for and created a user account with us to be able to access our Platform. You agree not to create an account to use the Platform or otherwise use our Website if you have been previously removed by us, or if you have been previously banned by us.
3.3
The Vidnik Service may only be used by individual consumers for their personal and private use. You are not permitted to use the Vidnik Service for any commercial, business or for-profit purpose.
3.4
you are responsible for ensuring that any information that you provide to us is accurate and up to date.
3.5
Your right to use the Vidnik Service is personal to you and you are not allowed to give this right to another person (but you may invite other users to create their own user accounts).
3.6
Your right to use the Vidnik Service does not stop us from giving other people the right to use the Vidnik Service.
3.7
To enjoy use of our Platform, your device must satisfy certain system requirements. These requirements can be found on the Apple App Store and Google Play marketplaces ("App Stores").
3.8
You agree that you have no rights in or to any portion of the Vidnik Service other than the right to use the Vidnik Service in accordance with the Terms of Service.
3.9
Your Right to Use the Vidnik Service. The materials and content comprising the Vidnik Service belong to us or our third party licensors and, subject to your payment of any Subscription Fees in accordance with and as defined in section 4 below, we give you permission to use these materials and content for the sole purpose of accessing and using the Vidnik Service in accordance with the Terms of Service.
3.10
User Content and Moderation. Any material you upload, submit or contribute to the Platform in order to create your profile or use any other features we offer from time to time (including text and images) ("User Content") must comply with the Rules of Acceptable Use in section 5 below and any other content standards that we notify you of from time to time. To allow us to enforce such standards and the Rules of Acceptable Use, and to protect our users and our Platform, we reserve the right to review, moderate, reject, approve or remove any User Content at any time.
3.11
By submitting or User Content to the Platform, you confirm and agree that:
(a)
the User Content complies with the Rules of Acceptable Use;
(b)
you are responsible for backing up and securing your User Content; and
(c)
you have the right to use and submit your User Content to the Platform and, where applicable, have obtained the consent of any person the User Content relates to or belongs to.
3.12
Rights you grant us to your User Content. As between Vidnik and you, you are the owner or licensee of your User Content. By submitting User Content to the Platform, you give us permission to use and store such User Content (anywhere in the world and on a royalty-free, sublicensable basis) to maintain, provide, develop and improve the Vidnik Service and other products and features we may offer from time to time. We will only use any personal data contained in your User Content in accordance with our Privacy Policy.
4.
SERVICES AND FEES
4.1
Free Services. Once you have registered as a user of our Platform, you may access certain features for free. This includes the creation of your user profile, certain search functionalities and browsing other users' profiles. You must purchase a Subscription (as defined below) in order to communicate with other users.
4.2
Subscriptions. In order to access and use additional features and functionalities on the Platform, you must sign up for a subscription ("Subscription") for the relevant fee(s) ("Subscription Fee") and pay the Subscription Fee in accordance with the Terms of Service. The Subscription Fee and availability of Subscriptions will be displayed on our Platform and the relevant App Store and are subject to change at any time prior to purchase.
4.3
App Store Terms, Cancellation and Refunds. Subscriptions can only be purchased through App Stores as in-app purchases. All payment, billing, cancellation and refund terms are governed by the terms of the App Store through which you download the Platform and purchase a Subscription, including with respect to any downloadable digital content we make available on the Platform from time to time.
4.4
Automatic Renewal. When you sign up for a Subscription, you will receive access to the Platform on a continuing basis and your Subscription will automatically renew unless you cancel. If you do not want your Subscription to automatically renew, you must cancel your Subscription in accordance with the cancellation methods employed by the relevant App Store.
4.5
Beta Services. At our discretion, we may offer certain users access to certain new Platform features on a preview, early access or beta basis at no additional cost ("Beta Services"). Notwithstanding any other terms of the Terms of Service, Beta Services are provided "as is" to allow testing and evaluation of the relevant feature. We make no representations or warranties as to the performance, quality or functionality of Beta Services and we do not guarantee that Beta Services will be generally available, uninterrupted or error-free. Notwithstanding anything to the contrary in the Terms of Service and to the extent permitted by law, we disclaim all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
4.6
Trial Periods. When you subscribe to the Platform for a Subscription Fee, you may receive access to the Subscription at no charge for a specified trial period, after which you will be charged until you cancel your Subscription.To avoid being charged, you must cancel before the end of the trial period.Once you cancel your trial, you may immediately lose access to the Platform and any Subscription features unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.
4.7
Withdrawal Rights for Digital Content. As a consumer, you have an automatic statutory right to withdraw from a contract for the purchase of a digital content and services for any reason within 14 days of entering into the contract. However, when you purchase a Subscription, you agree that the Platform and Vidnik's digital content will be available to you immediately, and you acknowledge that as a resultyou waive your automatic statutory right of withdrawal.
4.8
All Subscription Fees referred to in these Terms of Service are:
(a)
listed in the currency stated at the point of payment on the relevant App Store; and
(b)
inclusive of value added tax and any other applicable sales or goods tax.
4.9
If you opt to pay your Subscription Fee(s) in a local currency, the actual amount you pay may vary due to changing foreign exchange rates from time to time.
4.10
Payment providers. App Stores may use third party payment processing providers (e.g. Stripe) to process payments and your use of such third party's services is subject to their terms and conditions. We do not process or store any of your financial information.
4.11
Changes to Subscription Fees. When you purchase a Subscription, you will initially be charged the Subscription Fees applicable at the time of your agreement to subscribe. We may change the price of your Subscription at a later date, but any change will only take effect after your then-current Subscription period ends and we will always give you reasonable prior written notice. The implementation of any change in price will also be subject to and in accordance with the relevant App Store terms. If you do not wish to pay the amended Subscription Fees, you may cancel the Subscription by using the process provided by the relevant App Store.
5.
RULES OF ACCEPTABLE USE
5.1
In addition to the other requirements within the Terms of Service, this section describes specific rules that apply to any use of the Vidnik Service (the "Rules of Acceptable Use").
5.2
When using the Vidnik Service you shall not:
(a)
circumvent, disable or otherwise interfere with any security related features of the Vidnik Service or features that prevent or restrict use or copying of the content or materials accessible via the Vidnik Service;
(b)
give any false or misleading information or permit another person to use the Vidnik Service under your name or on your behalf;
(c)
impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
(d)
promote or to facilitate personal or commercial relationships of a transactional nature, services of a sexual nature or non-consensual sexual acts;
(e)
use the Vidnik Service other than for its intended purpose as set out in the Terms of Service;
(f)
use the Vidnik Service if we have suspended your access to it, or have otherwise banned you from using it;
(g)
modify, interfere, intercept, disrupt or hack the Vidnik Service or collect any data from the Vidnik Service other than in accordance with the Terms of Service;
(h)
misuse the Vidnik Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Vidnik Service or the equipment of any user of the Vidnik Service, or using any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Vidnik Service in a manner that send more request messages to the Vidnik Service than a human can reasonably produce in the same period of time;
(i)
submit or upload any User Content:
(i)
containing personal information (including images or voice clips) of people without their consent. If you upload any User Content containing personal information of anyone under the age of 18, you confirm that you are their parent or guardian and consent, or that you have the permission of their parent or guardian to do so; or
(ii)
in respect of which you do not hold appropriate usage rights; or
(j)
submit or upload any User Content, or share, disseminate or otherwise disclose any User Content, which in our reasonable opinion is:
(i)
defamatory to any person, deceptive, obscene, offensive, harmful or inflammatory;
(ii)
bullying, insulting, threatening, intimidating, humiliating, constitutes stalking or hate speech;
(iii)
promoting or depicting sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or is otherwise prejudicial to human dignity; and/or
(iv)
unlawful in any way or in breach of another party's rights (including intellectual property rights), or advocating, promoting or inciting any party to commit or assist any unlawful or criminal act.
5.3
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
(a)
immediate, temporary or permanent withdrawal of your right to use the Vidnik Service;
(b)
issuing of a warning to you;
(c)
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
(d)
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4
The responses described in section 5.3 above are not limited, and we may take any other action we reasonably deem to be appropriate.
6.
ENDING OUR RELATIONSHIP
Your right to end our relationship.
6.1
The Terms of Service take effect from when you first use the Vidnik Service and will remain in effect until terminated.
6.2
If at any time you do not feel that you can agree to the Terms of Service or any changes made to the Terms of Service or the Vidnik Service, you must immediately stop using the Vidnik Service.
6.3
You can cancel your Subscription at any time. Please read section 4.3 above for more information.
Our right to end our relationship.
6.4
If we determine that you have clearly, seriously or repeatedly breached the Terms of Service, including, in particular, the Rules of Acceptable Use, we may suspend or permanently disable your access to the Vidnik Service and/or terminate your Subscription. We may also disable or delete your account or terminate your Subscription if you infringe other people's intellectual property rights or where we are required to do so for legal reasons.
6.5
We may also withdraw the Vidnik Service or terminate your Subscription for any reason as long as we give you at least 30 days' written notice that we plan to do this. If we terminate your Subscription in accordance with this section, we will provide a refund or partial refund of any pre-paid Subscription Fees in respect of any period falling after the date of termination.
What happens if you or we end our relationship.
6.6
If we suspend, disable or terminate your use of the Vidnik Service or we withdraw the Vidnik Service as described in this section 6, we may delete or modify any information we hold about you and any User Content stored on your account. You may also lose any rights you have to use the Vidnik Service or access User Content.
6.7
If you cancel your Subscription, we reserve the right to delete your account and any User Content stored on it after 90 days from the date your cancellation takes effect. Please see our Privacy Policy for further details on how long we keep your personal information for.
6.8
We will not offer you any other compensation for any losses incurred by you on our ending of your right to use the Vidnik Service.
7.
OUR RESPONSIBILITY TO YOU
7.1
We are responsible to you for foreseeable loss and damage caused by us.If we fail to comply with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are not responsible to you for any business losses (such as loss of profit or revenue) and commercial or for-profit use of the Vidnik Service is strictly prohibited.
7.2
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.Nothing in the Terms of Service is intended to exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or (if you are a consumer) affect your statutory rights in the laws in your country of residence.
7.3
Limits on liability. We will exercise reasonable care and skill in providing the Vidnik Service to you but, due to the nature of the internet and technology, the Vidnik Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Vidnik Service will be uninterrupted, without delay, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the Vidnik Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
7.4
You communicate with other users at your own risk. We moderate user's profile information and photographs that are uploaded to the Platform,but we do not verify users' identities or exhaustively moderate or control any other User Content such as the content of messages exchanged between users, which is the sole responsibility of such users. We are not responsible for the accuracy or inaccuracy of User Content provided or uploaded by you or other users, nor are we liable to you or them for any consequences arising from your or their use or dissemination of, or reliance on, such information (including if such information or use infringes the rights of any third party).
7.5
Security. We care about the integrity and security of your personal information and User Content. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information or User Content for improper purposes.
7.6
These Terms of Service set out the terms of the agreement between the you and Vidnik, and do not apply to the your relationship with Apple, Google or any other provider of an app store or distribution platform from which you download the Vidnik app.
8.
RESOLVING DISPUTES
8.1
Disputes between you and us. If you have a dispute with us relating to the Vidnik Service, in the first instance please contact us at support@vidnik.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.
8.2
Governing law. English law will apply to the Terms of Service, their subject matter and their formation. Subject to section 8.1 above, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising from or related to your use of the Vidnik Service.
9.
CHANGES TO THE VIDNIK SERVICE
9.1
We are constantly updating and improving the Vidnik Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Vidnik Service.
9.2
In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Vidnik Service, or feature relating to the Vidnik Service ("changes to the Vidnik Service"). These changes to the Vidnik Service may affect your past activities on the Vidnik Service and features that you use ("service elements"). Any changes to the Vidnik Service could involve your service elements being deleted or reset.
9.3
You agree that a key characteristic of our Vidnik Service is that changes to the Vidnik Service will take place over time and this is an important basis on which we grant you access to the Vidnik Service. Once we have made changes to the Vidnik Service, your continued use of the Vidnik Service will show that you have accepted any changes to the Vidnik Service. You are always free to stop using the Vidnik Service.
9.4
We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Vidnik Service.
10.
CHANGES TO THE DOCUMENTS
10.1
We may revise these Terms of Service from time to time but the most current version will always be at Terms and conditions.
10.2
Changes will usually occur because of new features being added to the Vidnik Service, changes in the law or where we need to clarify our position on something.
10.3
We will try, where possible and reasonable, to notify you about any significant changes to any of the documents referred to in the Terms of Service. We may contact you through the Vidnik Service (for example by asking you to accept the changes before you continue to use the Vidnik Service) or via a separate email. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
11.
OTHER IMPORTANT TERMS
11.1
Third party rights and transfer. A person who is not a party to the Terms of Service may not enforce any of its terms. All of our rights and obligations under the Terms of Service are freely assignable or otherwise transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
11.2
Entire agreement. The Terms of Service make up the entire agreement between you and Vidnik regarding your use of the Vidnik Service. They supersede any prior agreements.
11.3
Invalidity of terms. If a court or other authority decides that some of the Terms of Service are unlawful, the rest will continue to apply.
11.4
Delays. If you do not comply with the Terms of Service and we do not act immediately, this does not mean we have given up any right we have and we may still take action in the future.
12.
CONTACT AND FEEDBACK
12.1
If you need to contact us in relation to the Terms of Service or any other document mentioned in them, please email us at support@vidnik.com .
12.2
If we have to contact you, we will do so by writing to you at the email address associated with your account or by other legally permitted means. Please ensure your details are kept up to date. When we use the words "writing" or "written" in these terms, this includes emails.
12.3
We value hearing from our users and are always interested in learning about ways we can improve the Vidnik Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
